$58M Verdict in Malicious Prosecution Case Stands After Judge Rejects Immunity Claims

In a case rooted in a contentious custody battle, a Michigan federal jury awarded former Florida police lieutenant Sean MacMaster over $58 million after finding that his ex-wife’s false allegations of child sexual abuse led to a malicious prosecution driven by a state trooper and a former assistant attorney general. The accusations were ultimately dismissed, but not before MacMaster spent 151 days in solitary confinement and suffered severe damage to his reputation, career, and finances.

According to the complaint, MacMaster was embroiled in a custody dispute when his ex-wife, Johanna MacMaster, accused him of abusing their four-year-old daughter. He claimed that the allegations were fabricated to gain full custody and that Johanna had manipulated authorities, including Michigan State Police trooper David Busacca and then-Assistant Attorney General Brian Kolodziej. MacMaster also alleged that Johanna had lied to him in an attempt to have him relinquish parental rights, including inventing a story about a neighbor reporting the alleged abuse.

Kolodziej, whose romantic relationship with Johanna MacMaster’s cousin was disclosed during the proceedings, contacted Busacca to initiate an investigation. Despite having evidence that undermined the accusations, Busacca moved forward with the case, leading to MacMaster’s wrongful arrest in Florida and extradition to Michigan.

The Charges

MacMaster filed suit in 2021, asserting violations of his Fourth Amendment rights through a malicious prosecution based on fabricated evidence and deliberate misrepresentations. His complaint detailed how Kolodziej acted outside his prosecutorial duties and how Busacca failed to disclose exculpatory evidence, knowingly allowing the case to proceed without probable cause.
Judge Stephen J. Murphy III’s opinion emphasized that Busacca “had evidence that the abuse allegations were bogus, but he pressed forward nevertheless.” The judge added that the trooper “hid material evidence from judges, swallowed his own doubts about the case, and let others change his police report to cover up the origins of the case.” These findings supported the jury’s award of $10 million in punitive damages against Busacca.
Kolodziej, who resigned in 2019 after being caught in an unrelated scandal involving a sexual relationship with a complainant, was held similarly accountable. The jury issued a $15 million punitive damages award against him, and the court affirmed its previous position that absolute immunity did not apply to actions taken by Kolodziej outside his prosecutorial role.

The Trial

The jury awarded $33.4 million in compensatory damages and an additional $25 million in punitive damages, culminating in a $58.4 million total award. The damages covered past and future lost wages, reputational harm, pain and suffering, and attorney’s fees. During the three-week trial, the court heard testimony that the child had admitted to lying about the abuse and that Busacca had distorted or omitted key facts in the warrant application.
In his ruling, Judge Murphy firmly denied the defendants’ motions for judgment as a matter of law. He rejected arguments of qualified immunity, stating that “a reasonable officer would have known that deliberate or reckless omission of material facts in a warrant violates the Constitution.” He added, “But for Busacca’s deliberate or reckless omissions/distortions of material facts, MacMaster would not have been prosecuted and detained for months without probable cause.”

What’s Next?

With the verdict and post-trial motions resolved, the judgment appears to be firmly in place barring appellate action. The defendants may still pursue appeals, though the district court’s detailed findings on qualified immunity and malicious intent create a high threshold for reversal. MacMaster, now reinstated at his former department but in a demoted position with significantly lower pay, has begun rebuilding his life and career.
The case also serves as a potent example of how prosecutorial overreach and flawed police work can intersect to devastate an innocent individual’s life. As Judge Murphy concluded, the “fantastical nature of the abuse allegations” and the mishandling of evidence painted a clear picture for the jury, one that justified both compensatory and punitive damages.

The Law Firms Involved

Blanchard Law, representing Sean MacMaster
Peacock Law PC, representing Brian Kolodziej
Plunkett Cooney, representing David Busacca

Case Information

Sean MacMaster v. David Busacca et al., Case No. 2:21-cv-11052, U.S. District Court for the Eastern District of Michigan